Gorton, having tried to the utmost what he could do with the Committee, and finding his expectation wholly disappointed, came away for New England with what he had, thinking it was now bootless to wait for more; he arrived at Boston in the spring' of the year 1648. The Court, being informed thereof, made an order, that he should be apprehended, to prevent the infection of his pestilential doctrine; but shewing a letter from the Earl of Warwick, desiring only that he might have liberty to pass home, the Court recalled that order, and gave him a week's liberty to provide for his departure. It being only a request and no command, the not complying therewith might have been a disadvantage to their other affairs, yet under the hand of their agent, and depending before that Committee whereof the said Earl was President.

Gorton and his company of Shaomet, hearing how matters were like to go against them in England, began to consider how they might make their peace with the Massachusetts, and for that end sent two of their company to petition the General Court, then sitting at Boston; but these messengers understanding at Dedham that the Court was adjourned, came no further, but one of them wrote a letter to the Governor after this tenor following:

To the Right Worshipful Mr. John Winthrop, Governor of the Massachusetts, humbly present to your Worship's consideration,

That whereas I, with another, was chosen by the General Court held at Providence the 18th of this month, and sent with an honorable request to this honorable Court concerning Shaomet business, but when we came to Dedham, hearing that the General Court was adjourned, I, your suppliant, (being an inhabitant of Shaomet,) seriously weighing my present condition there, I made bold to advise with Mr. Powel concerning the same, who advised me to repair to your worship, which (on consideration) I would not, till I had some knowledge of your worship's favorable acceptance. My humble re

In May.-H.

3 State in Winthrop.-H.

It should be humble. Sav. Win. ii. 323.-H.
Michael Powell, says Mr. Savage, kept the

Ordinary in the town of Dedham.—í.

quest therefore is, that your worship would be pleased to send me your mind in a few lines concerning the premises. So, craving your worship's favorable construction, I remain

Yours, most humbly,

Dedham, May 22, 1648.

R. BARTON.

By the style of this letter it appears how this company were crest-fallen, who but a little before had a mouth speaking great things and blasphemies; but thanks be unto God, they had not power to continue very long; for being now reduced to a little more sobriety in their language and behavior, they were permitted quietly to enjoy their possessions at Shaomet, which ever after, in honor of the Governor-in-chief among the Commissioners for Plantations, they called Warwick, and by that name it hath been known ever since.

This was the issue of the address made by these Gortonites to the Commissioners, who, after the great clamor and noise they had made, could make nothing appear that which they had affirmed.

of

Those that had troubled the Court and country of the Massachusetts with a petition, mentioned before, having their dependence in like manner upon the said Commissioners, met with much what the same success of their endeavors; for their petition being disliked there, they hoped to force it by the authority of the foresaid Commissioners, but they found no more countenance there than in New England.

The substance of that petition was ranked by the petitioners under three general heads. 66 "1. The country's not owning of the fundamental laws of England as the basis of their government, according to Patent. 2. Denying of civil privileges and immunities, enjoyed by the freemen of the jurisdiction, to those who were not in that capacity, though free born Englishmen, just and honest in their dealing, peaceable and quiet in their behavior, forward with heart, hand, and purse to advance the public good, laws of their nation, &c., and yet they were not

'Rufus.-H.

capable to bear offices, either civil or military, without taking an oath of fidelity. 3. That they were debarred from the privileges of Christianity, as baptism for their children, and the Lord's Supper for themselves, if they were not members of some of the particular churches in the country, though otherwise sober, righteous, and godly, eminent for knowledge, not scandalous in life and conversation, members of the churches of England. Therefore desired that, their persons being qualified as is expressed, the Court would give them liberty to be taken into their congregations; intimating also, as if they conceived many judgments had fallen upon the country for neglecting thereof."1

This petition was very ill resented, both by the Court and country, as looking something of a seditious nature, and tending to make disturbance in the country.

Whereupon a committee was appointed to draw up a Declaration1 in answer thereunto, which was published November 4, 1646, wherein was a great deal of pains taken to make it evident to the world, that they had no cause so to remonstrate. And in the said Declaration the fundamental laws of Magna Charta were written on one part of the column, and the liberties of the people of New England on the other, by which it might appear what little discrepancy there was, if any at all, as to the substance of them. In the same Declaration also, they returned the petitioners a full answer out of their own words, delivered in the preface of their petition: "We cannot but with all thankfulness acknowledge your indefatigable pains, continual care, [and] constant vigilancy, which, by the blessing of the Almighty, hath procured to this wilderness the much desired fruits of peace and plenty, while our native land and the Christian world is sharply afflicted with the devouring sword, and [the] sad consequences of intestine wars; "which expressions plainly contradict what follows in the petition, and therefore it could not but be looked upon as altogether without cause or ground, and a kind of factious remonstrance,

'See this Petition in Hutchinson's Coll. Papers, pp. 188-96; and the Declaration in answer thereto, ibid. pp. 196-218.-H.

directly tending to make commotion in the minds of people, and thereby make disturbance in the place. When they were called to an account for their petition, Dr. Child, the chief speaker, demanded what should be laid to their charge, saying it was no offence to prefer a petition, &c. It was answered, that they were not questioned for petitioning, but for such miscarriages as appeared in their petition and remonstrance. The Doctor desired that they might know the charge: the Court answered, they should have it in due time, but it was not then ready, and some of them (as was certified to the Court) being upon their departure, they were told they must find sureties for their forthcoming. The Doctor, &c., demanded what offence they had committed, for which they should find sureties, and pressing on that hand, one clause in the said petition was presently read to them, viz. "our brethren of England's just indignation against us, so as they fly from us as a pest," &c., whereby was said, that they laid a great scandal upon the country, &c. This was so clear they could not evade it, but quarrelled with the Court in high terms, the Doctor telling them they did beneath themselves in petitioning to them, &c., and in conclusion appealed to the Commissioners in England. The Governor told them they could admit no appeal, nor was it allowed by their Charter. In the end they were dismissed for the present, and at the next sessions of the Court there was a charge drawn up against them, for divers false and scandalous passages in a certain paper, entitled "A Remonstrance and Petition," &c., tending to sedition. One particular branch of their charge, to clear it up that their speeches tended to sedition, was to this purpose, that there are many thousands secretly discontented at the government, &c., whereby those who indeed were so, might be emboldened to discover themselves, and to attempt some innovation, in confidence of so many thousands to join with them, and so to kindle a great flame, the foretelling whereof might be a chief means to enkindle it. But whatever was the charge, they were at last offered, that if they would ingenuously acknowledge their miscarriage, &c., it should be freely

remitted; but they remaining obstinate, they were severally fined, according to the degrees of their offences, some more and some less.1 Two or three of the magistrates dissented; one of them, *viz. Mr. Bellingham,* desired to be entered contradicent., which needed not, for he was too well known in the Court to oppose and contradict whatever was propounded by the Governor and Mr. Dudley. And so the Court dissolved.

Some of these petitioners being bound for England, their papers were searched by the authority of the Governor and Council, amongst which were found the copies of some petitions and queries to be presented to the Commissioners for Plantations. One petition was from some non-freemen, pretended to be in the name, and upon the sighs and tears, of many thousands, &c. In the preamble they shewed how they were driven out of their native country by the tyranny of the Bishops, &c. One of their petitions was for liberty of conscience, and for a General Governor. They had sent their agents up and down the country to get hands to this petition, but of the many thousands they spake of, they could find but twentyfive hands to the chief petition, and those were, for the most part, either young men who came over servants and never had overmuch shew of religion in them or, fishermen of Marblehead, feared to be profane persons, divers of whom were brought the last year from Newfoundland, for the fishing season, and so to return again. Others were drawn in by their relations, and those depended upon for means how to live. One was a barber of Boston, who, being demanded by the Governor what made him set his hand, made answer, that the gentlemen were his customers, &c. These were the men that must be held forth to the Parliament as driven out of England by the Bishops, &c., and whose tears and sighs must move compassion, such as indeed were more exercised with care how to live in the Commonwealth than with any matter of conscience, how to serve God in the church. Dr. Child being upon this apprehended, and brought

Dr. Child was fined £50, Smith £40, Maverick £10, Fowle, Burton, Yale, and Dand £30 each.-H.

'Bellingham, Bradstreet, and Saltonstall, as Winthrop informs us.-H.